Kane v. Philadelphia Rapid Transit Co.

Citations

• 248 Pa. 160
• 93 A. 1001
• 1915 Pa. LEXIS 534

Syllabus

<p>Practice, C. P. — Trials—Cross-examination—Irrelevant evidence ■ — Similar but unconnected facts.</p> <p>1. While the range of cross-examination is left largely to the discretion of the trial judge, and liberality is the rule, yet, matters clearly irrelevant and likely to prove prejudicial to the other side should not be permitted to be introduced on such an examination, particularly where nothing appears to indicate any purpose on the part of the witness to be other than straightforward and honest in his testimony, and where this rule has been violated, it will be reviewed on appeal and when a probability of prejudice is'apparent, a new trial will be granted.</p> <p>2. Where in an action for injuries resulting from a collision between a street car and plaintiff’s wagon, the negligence charged was the improper operation of, and not defects in, the car, it is reversible error to permit the motorman, a witness for defendant, to be cross-examined as to othdr accidents which had previously happened to the conductor, and as to the fact that another man had been killed by the car, and in relation to defects therein not alleged to have contributed to the accident, and in admitting testimony in rebuttal to contradict such witness as to immaterial matters.</p>